Bill Text: CA SB882 | 2009-2010 | Regular Session | Chaptered

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Bill Title: Electronic cigarettes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-09-27 - Chaptered by Secretary of State. Chapter 312, Statutes of 2010. [SB882 Detail]

Download: California-2009-SB882-Chaptered.html

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BILL NUMBER: SB 882	CHAPTERED
	BILL TEXT

	CHAPTER  312
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 25, 2010
	PASSED THE SENATE  AUGUST 19, 2010
	PASSED THE ASSEMBLY  AUGUST 12, 2010
	AMENDED IN ASSEMBLY  JUNE 17, 2010
	AMENDED IN SENATE  MAY 11, 2010
	AMENDED IN SENATE  APRIL 28, 2010
	AMENDED IN SENATE  APRIL 5, 2010

INTRODUCED BY   Senator Corbett

                        JANUARY 14, 2010

   An act to add Chapter 9 (commencing with Section 119405) to Part
15 of Division 104 of the Health and Safety Code, relating to
electronic cigarettes, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 882, Corbett. Electronic cigarettes.
   Existing law contains various provisions governing cigarettes and
tobacco products.
   This bill would make it unlawful for a person to sell or otherwise
furnish an electronic cigarette, as defined, to a person under 18
years of age and would make a violation punishable as an infraction,
as specified. By creating a new infraction, this bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature hereby finds and declares all of the
following:
   (a) Electronic cigarettes are not yet actively regulated by the
United States Food and Drug Administration (FDA) and are available
for purchase in this state.
   (b) Initial FDA studies found that electronic cigarettes contain
known carcinogens and misrepresent nicotine content on their labels.
As a result, the FDA has warned the public about the potential health
risks of using electronic cigarettes.
   (c) The FDA has asserted that electronic cigarettes should be
regulated as drug delivery devices.
   (d) There is no scientific evidence that electronic cigarettes can
help smokers to quit smoking. Electronic cigarette manufacturers and
retailers are making unproven health claims about their products by
asserting that they are safe or safer than traditional cigarettes.
   (e) Electronic cigarettes offered for sale in this state are
produced overseas and not currently subject to state and federal
quality control protections.
   (f) Since electronic cigarettes are not yet regulated at the
federal, state, or local level, they can be legally sold to minors.
   (g) County tobacco control programs have reported the attempted
sale of electronic cigarettes to minors at shopping malls. Throughout
the state, retailers have established shopping mall kiosks near food
courts and stores frequented by adolescents. At these kiosks,
retailers target teens with pitches for electronic cigarettes with
flavored cartridges.
   (h) A 2008 report prepared for the State Department of Public
Health found, with regard to the California Tobacco Control Program,
that law enforcement agencies continue to rank policies and
procedures, such as suspension or revocation of business licenses and
civil and criminal penalties for owners and clerks who sell tobacco
to minors, as effective strategies to reduce youth access to tobacco.

  SEC. 2.  Chapter 9 (commencing with Section 119405) is added to
Part 15 of Division 104 of the Health and Safety Code, to read:
      CHAPTER 9.  ELECTRONIC CIGARETTES


   119405.  (a) To the extent not preempted by federal law,
including, but not limited to, the regulation of electronic
cigarettes by the United States Food and Drug Administration, it
shall be unlawful for a person to sell or otherwise furnish an
electronic cigarette, as defined in subdivision (b), to a person
under 18 years of age.
   (b) "Electronic cigarette" means a device that can provide an
inhalable dose of nicotine by delivering a vaporized solution.
   (c) A violation of this section shall be an infraction punishable
by a fine not exceeding two hundred dollars ($200) for the first
violation, by a fine not exceeding five hundred dollars ($500) for
the second violation, or by a fine not exceeding one thousand dollars
($1,000) for a third or subsequent violation.
   (d) Nothing in this section nor any other law shall be construed
to invalidate an existing ordinance of, or prohibit the adoption of
an ordinance by, a city or county that regulates the distribution of
electronic cigarettes in a manner that is more restrictive than this
section, to the extent that the ordinance is not otherwise prohibited
by federal law.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to protect the health of minors from a product with
contents that have not been comprehensively studied and are
unregulated on the market, it is necessary for this bill to go into
immediate effect.